Rowland's Adm'rs v. Shelton
Supreme Court of Alabama
Appeal from tbe Circuit Court of Benton. Tried before tbe Hon. ANDREW B. MooRE. This was an action of covenant by Clougb L. Sbelton against R. D. 'Howland’s administrators, to recover damages for tbe breach of an express warranty of title to a slave, which was sold by said Rowland to Sbelton, and was after-wards recovered from tbe latter, in an action of detinue, brought by one Rutledge, who claimed and recovered under title paramount to that of Rowland; of which action…
Read the full summary
Appeal from tbe Circuit Court of Benton. Tried before tbe Hon. ANDREW B. MooRE. This was an action of covenant by Clougb L. Sbelton against R. D. 'Howland’s administrators, to recover damages for tbe breach of an express warranty of title to a slave, which was sold by said Rowland to Sbelton, and was after-wards recovered from tbe latter, in an action of detinue, brought by one Rutledge, who claimed and recovered under title paramount to that of Rowland; of which action Rowland had notice. The court charged the jury, “that the measure of damages in this case was not the value of the slave at…
1Opinion of the Court
GOLDTHWAITE, J. —
The only question raised upon the briefs of the counsel in the present case, is, as to the measure of damages on a breach of the warranty of title of a slave. The rule is well established, that if one contracts with another for the delivery of goods at a particular day, to be then paid for, the measure of damages is the value of the goods at that time. — Sheppard v. Hampton, 3 Wheat. 200; Day v. Dox, 9 Wend. 129; Shaw v. Nodd, 8 Pick. 9. So, in an action against the vendee, for refusing to accept goods, agreed to be purchased at a specific price, the measure of damages is the…
2Cases cited5 opinions
- Armstrong v. PercyNew York Supreme Court · 1830
- Dey v. DoxNew York Supreme Court · 1832
- Shepherd v. HamptonSupreme Court of the United States · 1818
- Davis v. AdamsSupreme Court of Alabama · 1850
- Kornegay v. WhiteSupreme Court of Alabama · 1846
3Cited by12 opinions
- Stoudenmeier v. WilliamsonSupreme Court of Alabama · 1857
- Ward v. ReynoldsSupreme Court of Alabama · 1858
- Harrison's Administrator v. Harrison's DistributeesSupreme Court of Alabama · 1864
- Stow v. Bozeman's ExecutorsSupreme Court of Alabama · 1856
- Gillespie's Adm'r v. BurlesonSupreme Court of Alabama · 1856
7 more not listed; retrieve them via the Exa API.